Personal use over 14 hour clock

Discussion in 'Experienced Truckers' Advice' started by fins2feathers, Jan 27, 2012.

  1. fins2feathers

    fins2feathers Bobtail Member

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    My question is it ok to log off duty and continue to drive past your 14 hour clock when your relieved of all duties without a trailer in bobtail status and enroute to your home.
    Today I did not drive over my 11 but I did drive over the 14 hour clock as off duty on the off duty line, to go home. I'm an OTR Driver, been out for about three weeks, I had scheduled time off which was set up to deliver my last load to a drop yard then go home.
    My home was about 90 miles from the drop, after I completed the drop I flagged a post trip off duty status in my log then drove my bobtail (no trailer) home with another flag showing personal use for the off duty status, about 1 1/2 half hour over my 14 but in off duty status. flagged personal use... Now mind you I'm gonna be doin about 80 plus hours at the house, so Im not that upset with reset'n my hours, but curiosity does come to mind when logging personal use.
    Is this legal ???
     
    Last edited: Jan 28, 2012
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  3. cuzzin it

    cuzzin it Road Train Member

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    395.8 Personal Purveyance using truck for off duty not related to work.
    Read up and keep a copy of the handbook cuz you are going to explain it in detail if you get pulled over.
     
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  4. Truck609

    Truck609 Light Load Member

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    Well, my understanding may be wrong, but I understood doing this was only OK if you owned the truck and if you were not under a load/dispatch. I log off duty from time to time when i empty out and dead head to the house. I flag it off duty, personal use, but again it is my equipment. I think this may make a difference, but not certain.
     
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  5. fins2feathers

    fins2feathers Bobtail Member

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    Again the company I work for sent me the message that I was relieved of my duties and was to head for the house, in the past I always had the time and logged it as on-duty driving, but this time I called the corporate office to talk with their safety department regarding me driving over the 14 but in the off-duty status line, they said as long as I wasn't laden, loaded, or connected to a trailer, I was considered not paid, no contract, It would be considered personal use. and logged as off-duty not driving, thats how I flagged it and drove it. I figured since most of ya'all got more experience you might have had the chance a time or two to tell me if ya think its wrong, right or its actually legal in what I did., But I appreciate any and all replies ya'all have. I will know where I stand in the future.
    P.S. Where do you find this handbook detailing:
    395.8 Personal Purveyance using truck for off duty not related to work.
     
  6. Allow Me.

    Allow Me. Trucker Forum STAFF Staff Member

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    Yeah, you can do it.
     
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  7. Truck609

    Truck609 Light Load Member

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    I may be reta....uh, challenged, but I can't find it in the book under that section either. I've been doing it for years, but that doesn't mean much I suppose. Now you have my curiosity up....can anyone point out exactly where it might be in black and white?
     
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  8. cuzzin it

    cuzzin it Road Train Member

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    You should have it in your truck, has a green cover.... Also at any T/S
     
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  9. popmartian

    popmartian Road Train Member

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    Check the regs , ok but must be empty/bobtail

    Stated more plainly, these are the requirements for claiming that a movement is "personal use" that can be logged off duty:
    • The driver must be operating a completely empty vehicle, either bobtailing or with no cargo onboard. This also means that if you’re driving a utility truck full of tools (even if your business is a private one), you can’t claim the “personal use” exception.
    • The driver must not perform any work involving the company or the vehicle while driving or as a result of driving (e.g., traveling at the direction of the company). In other words, the driver must be completely relieved of all responsibility to the vehicle and the company.
    • The driver must be en route to or from home (i.e., commuting), to or from eating or lodging facilities, or to or from some other “personal” destination. If the driver stops at a company facility to drop off some paperwork on the way home, the movement cannot be considered “personal.” Similarly, a driver who travels home from the last stop (bypassing the “normal work reporting location”) must log that trip as “driving.” However, the personal use exception would be available to drivers who report to a temporary reporting location, such as a construction site, and who drive to and from a local lodging or eating facility.
    • The driver must not be the subject of an out-of-service order at the time.
    • Finally, the driver must not be “repositioning” the truck or tractor for a business purpose. This is the one that often catches drivers and carriers off guard. For example, a driver who leaves a trailer in one town, goes home, and then picks up a different trailer in a different town cannot use the exception. This generally means that the “personal use” must be a round trip and not one-way, although a driver could commute to home as “off duty” and then log “driving” when going from home to a shipper the next day (i.e., if he/she is dispatched from home).
    If the trip can be logged “off duty,” it means that there will be no violations of the driving limits or the on-duty limits during that drive time, and the time spent driving would not count against the 60- or 70-hour on-duty limits.
     
    Last edited: Jan 28, 2012
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  10. fins2feathers

    fins2feathers Bobtail Member

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    is it like green and white?, I never looked at one, just like most of us learned from our peers and thought I new it all until I got older and wiser, that wiser part said ask what you do not know to get the answer you seek from those who'v been there.
     
  11. lostNfound

    lostNfound Road Train Member

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    There is nothing in the regs re: 11/14/70, only that PC may not be used if OOS.

    Nor does it matter who owns the truck.

    The OP is fine.
     
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